In West Virginia, you need to be 21 or older to buy nicotine products. This is because of a federal law that was passed in 2019. The state follows this rule and makes sure retailers check the age of people buying these products.
If they don’t follow the rules, they might get fined or lose their license to sell tobacco. West Virginia also checks online sales to make sure kids can’t buy nicotine products.
West Virginia’s legislation, specifically under §16-9A-3 of the West Virginia Code, prohibits the sale or gift of tobacco products, including nicotine products, to individuals under the age of 21. This law aligns with the federal Tobacco 21 law enacted in December 2019. Retailers must verify the age of purchasers using a valid driver’s license, state identification card, or any valid and unexpired federally issued identification card.
Recent changes to the law, as outlined in House Bill 5084 passed in March 2024, include several key updates.
The bill removed penalties for possession of tobacco products by individuals under 18, increased fines for selling tobacco products to those under 21, and introduced noncriminal, nonmonetary penalties for employees who violate the law. Additionally, the Bureau for Behavioral Health now has the authority to conduct inspections, replacing the West Virginia Alcohol Beverage Control Administration.
For individuals who are 18, the recent changes mean they can legally possess tobacco products but cannot purchase them until they turn 21. Violations by retailers can result in fines, potential loss of their license to sell tobacco products, and noncriminal penalties for employees, which may include termination.
Enforcement is carried out through inspections conducted by the Bureau for Behavioral Health, and retailers are required to maintain robust age verification systems to prevent underage sales.
The law aims to reduce youth access to tobacco products and promote public health by keeping these products out of the hands of young people.
The state’s legislation, specifically §16-9A-3 of the West Virginia Code, aligns with the federal Tobacco 21 law enacted in December 2019. Retailers must verify the age of purchasers using valid identification. Recent changes to the law, as outlined in House Bill 5084 passed in March 2024, removed penalties for possession of tobacco products by individuals under 18 but increased fines for selling to those under 21 and introduced noncriminal penalties for employees who violate the law.
Retailers are required to maintain robust age verification systems to prevent underage sales. Violations by retailers can result in fines, potential loss of their license, and noncriminal penalties for employees, including termination.